Appeal No. 1999-0278 Page 4
Application No. 08/604,026
examiner's complete reasoning in support of the rejection, and
to the appellants' brief (Paper No. 12, filed March 20, 1998)
and reply brief (Paper No. 14, filed June 26, 1998) for the
appellants' arguments thereagainst.
OPINION
In reaching our decision in this appeal, we have given
careful consideration to the appellants' specification and
claims, to the applied prior art references, and to the
respective positions articulated by the appellants and the
examiner. Upon evaluation of all the evidence before us, it
is our conclusion that the evidence adduced by the examiner is
insufficient to establish a prima facie case of obviousness
with respect to the claims under appeal. Accordingly, we will
not sustain the examiner's rejection of claims 3, 5, 7 and 8
under
35 U.S.C. § 103. Our reasoning for this determination
follows.
In rejecting claims under 35 U.S.C. § 103, the examiner
bears the initial burden of presenting a prima facie case of
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